Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person sitting in another country cannot file an application u/s 438 Cr.P.C, before High Court apprehending arrest...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Can be granted only by the Court trying the subsequent offence...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Cannot be ordered for transactions which are unrelated - In such cases sentences should run consecutively...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Rule is always that sentences should run one after other and rule of concurrency is exception...........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 18 NDPS Act - Cultivation of opium plants - Contraband found in opium plants fall in intermediate quantity - Rigors of S.37 of NDPS Act not applicable - Petitioner joining and co-operating in investigation - He is not in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 506, 323, 34 -- Bail - Rape - Victim was not alone in the house on the date of incident and her daughter-in-law was sleeping on ground floor - No hue and cries made by victim - Story put forth by victim is highly improbable, as medical evidence does not support prosecution case - Victim..........
Criminal Procedure Code, 1973, Section 482, 177, 178, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Lack of territorial jurisdiction - Allegation of thrashing and abusing and snatching her son - Offence said to be committed within area of place `G' - Veracity of this fact is to be seen by trial Court..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of charge sheet - Compromise - Kidnapping - Victim was major at the time of incident - Accused and victim solemnized marriage and they have two kids from their wedlock - Offence alleged against accused are of private in nature and have no serious impact on society - Compromise..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Cannot be dismissed in default but must be taken up and decided on merits even if appellant in person or counsel representing him is not present...........
